Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Misuse of cheque - Absence of pleading in complaint or affidavit that cheque was issued for discharge of debt or liability - Defence of misuse of cheque substantiated from the fact that there was tampering with the cheque as word `fifty' was not legible - Defence taken was probable - In absence of..........
Evidence Act, 1872, Section 11 -- Plea of alibi - Cannot be looked at the stage of investigation and inquiry - Plea of alibi shall be examined only during trial at the stage of defence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Closure of defence evidence - Opportunity to adduce defence evidence was granted - No defence evidence was led and Court closed the defence evidence - Petitioner should have assigned reasons for not adducing defence evidence for consideration of Court - Criminal trial cannot be delayed without any..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Striking off defence - Four opportunities were granted to defendants to file their written statement, however, they failed to do so - If defendants are not granted one opportunity to file their written statement, they would suffer irreparable loss which in turn would..........
Indian Penal Code, 1860, Section 302, 201, 34, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - Deceased was strangulated to death by accused and an attempt was further made to conceal his identity by pouring acid over the body - Medical evidence shows that deceased was assaulted by two or more persons and that injuries were homicidal in nature - Landlord of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Non-payment of maintenance - Striking off defence of husband - Husband deliberately and intentionally did not abide by orders of Supreme Court, High Court and Family Court - Instead of paying maintenance as directed by Court, husband preferred to repeatedly flout the directions of High Court - Family Court..........
Evidence Act, 1872, Section 101, 102, 103 -- Suit for declaration of title - Burden of proof - Entire burden in a suit for declaration of title is upon plaintiff - Once plaintiff fails to discharge said burden, howsoever bad is the defence of defendants, that will not come to the aid of plaintiff...........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 106 -- Murder of wife by husband - I.O admitted in her cross-examination that none of witnesses examined during investigation stated that husband and wife were present together in house on the fateful night - Prosecution failed to lead convincing evidence to even prima facie show that accused had any..........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused u/s 313 Cr.P.C - Recording of statement u/s 313 Cr.P.C. is between Court and accused - There is no role of defence lawyer when statement of accused is recorded u/s 313 Cr.P.C. directly by Court...........
Criminal trial -- De novo trial - To be allowed in exceptional circumstances, where it appears prima facie that apprehension of accused is sincere and bonafide and defence counsel has utterly failed to build any defence owning to his incompetence...........
